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ACCC case theory terminal
Update: On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated …
ACCC succeeds in first merger ‘gun-jumping’ cartel prosecution
On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its …
Key questions for General Counsels dealing with global investment decisions
Recent years have seen global shifts in both policy frameworks for screening inward foreign direct investment (FDI) and the way in which those frameworks …
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. …
Altice fined €124.5 million for gun-jumping conduct
The EU Commission has imposed a fine of €124.5 million on Altice, a multinational cable and telecoms company, for having implemented its acquisition of …
Herbert Smith Freehills acts for Tabcorp in second successful authorisation application to acquire Tatts
The Australian Competition Tribunal has today granted authorisation to Tabcorp Holdings Limited, represented by Herbert Smith Freehills, to acquire the …
UK Government consults on proposals to expand national security review of foreign investments beyond current merger control regime
On 17 October 2017 the Department for Business, Energy & Industrial Strategy (BEIS) published its long-awaited Green Paper National Security and …
EU unveils proposals for toughened security screening of foreign investments
As states race to usher in tighter security controls on foreign takeovers, we assess the EU's new framework for screening FDIOn 13 September 2017 the EU …
European Commission gets tough on violations of the EU merger control rules – Facebook fined €110m for providing misleading information and Altice faced with gun-jumping charges
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the …
“Tell him he’s dreamin’!” - Court declines to approve shareholder-approved scheme of arrangement
In a recent decision, the Supreme Court of Queensland has declined to approve a novel scheme of arrangement, despite it being approved by the requisite …
Warrnambool Cheese – The next chapter
Summary In this case the rights issue closed prior to the Panel making its decision on whether to conduct proceedings. This was due to a significant …
Increasing US regulatory scrutiny over M&A deals between non-American companies
Summary The Committee on Foreign Investment in the United States (CFIUS) may review M&A deals in which non-US parties look to acquire non-US …
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